United States Patent 5,741,510: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,741,510, titled "Adhesive patch for applying analgesic medication to the skin," is a significant invention in the field of medical devices. This patent, issued to the inventors, describes an improved adhesive patch designed for the topical application of analgesic medication. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Objectives
The patent aims to address several key issues associated with traditional adhesive patches. The primary objectives include:
- Creating a non-occlusive patch that allows moisture vapor to evaporate, preventing moisture accumulation and potential bacterial growth.
- Developing a patch that is lighter, more flexible, and less obtrusive while maintaining excellent sustained release properties.
- Designing a patch where the backing itself serves as a reservoir for the sustained release of medication[4].
Scope of the Invention
The scope of the invention is broad yet specific, focusing on the design and functionality of the adhesive patch.
Key Components
- Backing Sheet: A porous, self-supporting sheet made from nonwoven fabric, such as polyester, cotton, or cellulose fibers. This sheet provides strength and integrity to the patch and acts as a substrate for the hydrogel material[4].
- Hydrogel Coating: Applied to the backing sheet, this coating penetrates a substantial portion of the sheet, typically between one-fourth to nine-tenths of its thickness. The hydrogel material forms two layers: an external coating layer and an internal layer within the pores of the backing sheet[4].
Functionality
The patch is designed to release medication over an extended period, typically six to eight hours or more. The medication migrates from the internal reservoir portion of the hydrogel through the external coating layer and then through the skin, providing sustained release[4].
Claims of the Patent
The patent includes several claims that define the scope of the invention.
Independent Claims
- Claim 1 describes the adhesive patch comprising a backing sheet and a hydrogel coating applied to the backing sheet, with the coating penetrating a substantial portion of the sheet.
- Claim 2 specifies the materials used for the backing sheet, such as nonwoven fabric composed of polymeric fibers.
- Claim 3 details the thickness and composition of the hydrogel coating and its penetration into the backing sheet[4].
Dependent Claims
These claims further specify the characteristics of the backing sheet and the hydrogel coating, including the type of release coating on the back surface of the backing sheet and the method of applying the hydrogel material[4].
Patent Landscape
Understanding the patent landscape is crucial for assessing the novelty and non-obviousness of the invention.
Prior Art
The patent cites several prior art references, including U.S. Pat. No. 4,696,854, which describes a release coating used on the back surface of the backing sheet. The invention builds upon these prior arts by introducing a novel design that addresses specific shortcomings in existing adhesive patches[4].
International and Domestic Patents
To ensure the uniqueness of the invention, it is essential to search international and domestic patent databases. Resources such as the USPTO's Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE can be used to identify similar patents and applications[1].
Competing Patents
Other patents in the same field, such as U.S. Patent Nos. 5,536,263 and 5,741,510 (collectively owned by LecTec), need to be analyzed to understand the competitive landscape. These patents may cover similar or related inventions, and their claims and scope should be carefully examined to avoid potential infringement[5].
Search and Analysis Tools
Several tools and resources are available for conducting a thorough search and analysis of patents.
USPTO Resources
- Patent Public Search: A powerful tool that provides enhanced access to prior art and allows users to search through a vast database of patents and published patent applications.
- Global Dossier: A service that provides access to the file histories of related applications from participating IP Offices, helping users to identify office actions and other relevant data[1].
International Databases
- European Patent Office (EPO): Provides access to European patent databases through esp@cenet.
- World Intellectual Property Organization (WIPO): Offers the PATENTSCOPE search service, which includes full-text search of published international patent applications[1].
Economic and Legal Implications
The economic and legal implications of this patent are significant.
Market Impact
The invention has the potential to revolutionize the market for adhesive patches by offering a more comfortable, effective, and user-friendly product. This could lead to increased market share and revenue for the patent holder.
Legal Considerations
The patent holder must ensure that the invention does not infringe on existing patents. Regular monitoring of the patent landscape and updates to the patent claims may be necessary to maintain the patent's validity and enforceability.
Key Takeaways
- Innovative Design: The patent introduces a novel design for an adhesive patch that addresses key issues such as moisture accumulation and sustained medication release.
- Broad Scope: The claims cover a wide range of materials and methods, ensuring comprehensive protection for the invention.
- Competitive Landscape: Understanding the competitive landscape through thorough patent searches is crucial for maintaining the patent's validity and enforcing its claims.
- Economic Potential: The invention has significant market potential, offering improved comfort and efficacy over existing products.
FAQs
What is the primary objective of United States Patent 5,741,510?
The primary objective is to create a non-occlusive adhesive patch that allows moisture vapor to evaporate, preventing moisture accumulation and potential bacterial growth, while providing sustained release of analgesic medication.
What are the key components of the adhesive patch described in the patent?
The key components include a porous, self-supporting backing sheet made from nonwoven fabric and a hydrogel coating that penetrates a substantial portion of the backing sheet.
How does the hydrogel coating function in the patch?
The hydrogel coating forms two layers: an external coating layer and an internal layer within the pores of the backing sheet. The medication migrates from the internal reservoir portion through the external coating layer and then through the skin, providing sustained release.
What resources can be used to conduct a thorough patent search?
Resources include the USPTO's Patent Public Search, European Patent Office's esp@cenet, World Intellectual Property Organization's PATENTSCOPE, and other international patent databases.
Why is it important to analyze the patent landscape?
Analyzing the patent landscape helps ensure the novelty and non-obviousness of the invention, avoids potential infringement, and maintains the patent's validity and enforceability.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Exhibit 10.01 - Dismissal of Action: https://ir.axogeninc.com/all-sec-filings/content/0000950123-09-061261/c92479exv10w01.htm?TB_iframe=true&height=auto&width=auto&preload=false
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- US5741510A - Adhesive patch for applying analgesic medication to the skin: https://patents.google.com/patent/US5741510A/en
- IN THE UNITED STATES DISTRICT COURT FOR THE ... - RPX Insight: https://insight.rpxcorp.com/litigation_documents/3925124
